Potter, Asa

Biographical Information from the Litchfield Historical Society

http://www.litchfieldhistoricalsociety.org/ledger/students/2058

Digitized Notebooks

v. 1
v. 2
v. 3

Birth Date

1802-10-13

Death Date

1872-10-11

Potter, Asa Notebooks

Lecture Date Lecturer Notebook Author Opening Line All terms
Potter, Asa Lectures on Law Delivered by the Hon. James Gould at his Law School in Litchfield & transcribed by A. Potter. A.D. 1827 Volume 2 title page
Gould, James Potter, Asa Words are to be understood generally according to their most popular signification. Municipal law, Volume 1 Construction of laws
1826-08-01-1826-08-20 Gould, James Potter, Asa Municipal law is a rule of civil conduct prescribed by the Supreme Power in a state commanding what is right & prohibiting what is wrong. Municipal law, Volume 1 Municipal law
1826-08-20 Gould, James Potter, Asa All statutes are either public or private (i.e.) general or special. Municipal law, Volume 1 Of the different kinds of statutes
1826-08-20 Gould, James Potter, Asa The construction of statutes is that process by which we discover the will or intention of the Legislature. Municipal law, Volume 1 Construction of statutes
1826-08-20 Gould, James Potter, Asa Remedial or beneficial statutes are to be construed liberally or equitably to effect the intention of the legislature. Municipal law, Volume 1 Remedial statutes
1826-08-20 Gould, James Potter, Asa All law, whether statute or common, is repealable and this must necessarily be the case. Municipal law, Volume 1 Repeal of laws
1826-08-20 Gould, James Potter, Asa The books on this subject are more confined than any other branch of pleading. Municipal law, Volume 1 Of pleadings statutes
1826-08-20 Gould, James Potter, Asa It is an elementary principle of common law that a public offence can't be prosecuted by an individual in his own private right or capacity, Municipal law, Volume 1 Who may prosecute upon penal statutes
1826-08-20 Gould, James Potter, Asa The subject matter of Municipal Law is divided into two general heads: Rights and Wrongs. Its object is to guard and enforce the former & to prevent & redress the latter. Municipal law, Volume 1 Subject matter of municipal law
1826-09-01 to 1826-09-18 Gould, James Potter, Asa An infant or minor is any person under the age of 21, male or female. Parent & child, Volume 1 Parent & child
1826-09-01-1826-09-30 Gould, James Potter, Asa Baron & feme, Volume 1 Husband & Wife
1826-09-09 Gould, James Potter, Asa In Roman Catholic countries, marriage is regarded as a religious ceremony. By common & our laws, it is considered as a civil contract. Baron & feme, Volume 1 Husband's right to wife's property
1826-09-09 Gould, James Potter, Asa The husband may dispose of this at pleasure during their joint lives. Baron & feme, Volume 1 Wife's personal property in action
1826-09-09 Gould, James Potter, Asa Chattels real are such as savor of realty, as terms for years of land &c, mortgages &c. Baron & feme, Volume 1 Husband's rights to Wife's chattels real
1826-09-09 Gould, James Potter, Asa Of the wife's real estate, the husband has the sole usufruct during coverture, but he can't at common law alien it alone. Baron & feme, Volume 1 Wife's real estate of inheritance
1826-09-09 Gould, James Potter, Asa In England & Connecticut (under the Statute of distributions 29th Chas 2nd) if the husband die intestate leaving issue, the wife has 1/3 of the personal property absolutely. Baron & feme, Volume 1 Wife's right to husband's estate
1826-09-09 Gould, James Potter, Asa The wife is also entitled to certain articles called paraphernalia, over & above dower, & consisting of her apparel, ornaments, bedding, trinkets, jewels &c. Baron & feme, Volume 1 Paraphernalia
1826-09-09 Gould, James Potter, Asa The husband & wife are jointly liable 1st for her debts, 2nd for her torts, 3rd for her crimes in some cases. Baron & feme, Volume 1 Husband's liability on wife's account
1826-09-09 Gould, James Potter, Asa Her power to bind the husband during coverture by her contracts is said to be founded on his assent, express or implied. Baron & feme, Volume 1 Wife's power to bind husband
1826-09-09 Gould, James Potter, Asa The general rule of the common law, she can subject neither the person nor the property for her existence is merged in his, so that she has no will distinct from his. Baron & feme, Volume 1 Wife's power to bind herself & property
1826-09-09 Gould, James Potter, Asa The general rule of common law that all contracts bet ween husband & wife are void & those made between them before coverture are dissolved by intermarriage. Baron & feme, Volume 1 Agreements between husband & wife
1826-09-09 Gould, James Potter, Asa If the wife is injured in her person and the husband sustaining a consequential damage, he has a sole right of action vs the wrongdoer. Baron & feme, Volume 1 Husband's right & power over Wife
1826-09-09 Gould, James Potter, Asa In what cases husband & wife should join in bringing action & in what cases husband may or must sue alone. In some cases, where the cause of action relates to the wife Baron & feme, Volume 1 Joint actions of husband & wife
1826-09-09 Gould, James Potter, Asa Marriage is a civil contract at Common Law, tho' secus in Catholic countries. Baron & feme, Volume 1 Celebration of marriage
1826-09-09 Gould, James Potter, Asa Divorces are of two kinds: 1st a vinculo matrimoniae, 2nd a mensa et thoro. Baron & feme, Volume 1 Divorces
1826-09-09 Gould, James Potter, Asa First as to crimes, no person under the age of 7 years is punishable for any crime whatever. Parent & child, Volume 1 Privileges & disabilities of Infants
1826-09-18 Gould, James Potter, Asa As to the mode by which the infant may bind himself for necessaries by writing. First, by penal bond, he cannot. Parent & child, Volume 1 Infant binding himself for necessaries
1826-09-18 Gould, James Potter, Asa What contracts made by infants are void, what voidable. All contracts for infants not for necessaries are generally void or voidable. Parent & child, Volume 1 Contracts of infants
1826-09-18 Gould, James Potter, Asa Marriage settlement agreements made by infants with consent of parent or guardian are in most cases binding in Equity. Parent & child, Volume 1 Exempt cases in Equity
1826-09-18 Gould, James Potter, Asa I have already treated of the rights which infants may acquire & of the duties which they may incur by their own accounts Parent & child, Volume 1 In what manner infants sue & are sued
1826-09-18 Gould, James Potter, Asa The general rule is that an infant may hold a ministerial office which requires only skill & diligence, but not a judicial one , as he may be bailiff, steward or gaoler. Parent & child, Volume 1 What offices an Infant may hold
1826-09-18 Gould, James Potter, Asa The enquiry under this head renders it necessary to consider the distinction between legitimate & illegitimate or bastard children for the rights & duties are different Parent & child, Volume 1 Rights & duties of parents & children
1826-09-18 Gould, James Potter, Asa The rights of an illegitimate child are such only as he may acquire for being filius nullius or filius populi,he is not of kin, it is said, to anyone but his own issue Parent & child, Volume 1 Rights & incapacities of Bastards
1826-09-18 Gould, James Potter, Asa First the duties of parents towards such children consist principally in three particulars, viz., maintenance, protection & education. Parent & child, Volume 1 Rights & duties of parents to children
1826-09-19 to 1826-09-20 Gould, James Potter, Asa Of the different kinds of guardians & their rights & duties. First, guardian is a temporary parent, i.e., a person in loco parentis during the child's minority. Guardian & Ward, Volume 1 Guardian & ward
1826-09-19 to 1826-09-20 Gould, James Potter, Asa For the Connecticut law respecting the acquisition of original settlements by persons in their own right, see Connecticut Statutes. Guardian & Ward, Volume 1 Settlement of infants
1826-10-24 to 1826-10-30 Gould, James Potter, Asa A servant is one who is subject to the personal authority of another, not to the public official authority of another. Master & Servant, Volume 1 Master & servant
1826-10-24 to 1826-10-30 Gould, James Potter, Asa These are so called from apprendre (to learn) being thus bound for a term of years to serve their master that they may receive instruction. Master & Servant, Volume 1 Apprentices
1826-10-24 to 1826-10-30 Gould, James Potter, Asa These are servants employed intra moenia, Domesticks. Master & Servant, Volume 1 Menial servants
1826-10-24 to 1826-10-30 Gould, James Potter, Asa Agents are factors, brokers, steward, bailiffs, ship masters, attorney, &c. These are servants in relation to such acts only as affect the property of their employers. Parent & child, Volume 1 Agents
1826-10-24 to 1826-10-30 Gould, James Potter, Asa When a master is bound by & can take advantage of the acts of the servant. General principle. Those acts of the servant that are done by the master's commands, express or implied Master & Servant, Volume 1 Rules applicable to master & servant
1826-10-24 to 1826-10-30 Gould, James Potter, Asa General rule. Those acts of the servant which are not done by the master's command, express or implied, are not in law acts of the master. Master & Servant, Volume 1 How far the servant is liable
1826-10-24 to 1826-10-30 Gould, James Potter, Asa The master has the general right to chastise his servants for any breach or neglect of duty, as for disobedience, impotence, negligence &c. Master & Servant, Volume 1 Master's authority
1826-10-24 to 1826-10-30 Gould, James Potter, Asa The master may maintain (i.e., abet & assist) in an action vs. a stranger & it is not maintenance. Master & Servant, Volume 1 Master or servant justify acts
1826-11-01 to 1826-11-20 Gould, James Potter, Asa Assent &c. A contract as known to the common law is an agreement between two or more parties upon sufficient consideration to do or not to do a particular thing. Contracts, Volume 1 Contracts
1826-11-01 to 1826-11-20 Gould, James Potter, Asa Here it is necessary to observe the distinction between contracts executed & executory. Contracts, Volume 1 Subjects & requisites of contracts
1826-11-01 to 1826-11-20 Gould, James Potter, Asa All contracts are executed or executory. Contracts, Volume 1 Of the nature & kinds of contracts
1826-11-01 to 1826-11-20 Gould, James Potter, Asa A promise to pay a certain sum in consideration of promisee's withdrawing a suit, as J.S. for assault & battery, has been holden original for there was not debt from J.S. Contracts, Volume 1 Miscellaneous rules
1826-11-01 to 1826-11-20 Gould, James Potter, Asa According to the definition of a contract, a consideration is the essence of every contract. Contracts, Volume 1 Consideration to support a contract
1826-11-01 to 1826-11-20 Gould, James Potter, Asa The object of construing contracts is to ascertain the intent of the parties & the contract, however expressed, can't be carried beyond that intention. Contracts, Volume 1 Interpretation of contracts
1826-11-21 to 1826-11-30 Gould, James Potter, Asa A bailment is defined to be a delivery of goods by one person to another upon a contract, express or implied, that they shall be returned to the bailor or disposed of according Bailments, Volume 1 Bailment
1826-11-21 to 1826-11-30 Gould, James Potter, Asa According to Lord Holt, whose distinctions we shall adopt, bailments are divided into six different kinds. Depositum, Commodatum, Locatio et conductio, Vadium, Mandatum. Bailments, Volume 1 Different kinds of bailment
1826-11-21 to 1826-11-30 Gould, James Potter, Asa Here as the bailee alone is benefited by a bailment, he is, according to the general rule, liable for a slight neglect whereby a loss ensued. Bailments, Volume 1 Commodatum or gratuitous loan
1826-11-21 to 1826-11-30 Gould, James Potter, Asa Vadium is the delivery of goods or property by the bailor to the bailee as security for a debt due from the bailor to the bailee. Bailments, Volume 1 Vadium pawn or pledge
1826-11-21 to 1826-11-30 Gould, James Potter, Asa Bailment of the fifth kind is a delivery of goods to be carried to to have some act done to them by the bailee for a reward paid to him. Bailments, Volume 1 Bailment of the fifth kind
1826-11-21 to 1826-11-30 Gould, James Potter, Asa Mandatum or mandate is a delivery of goods to be carried or some other act to be done to them without a reward. Bailments, Volume 1 Mandatum
1826-11-21 to 1826-11-30 Gould, James Potter, Asa A lien is understood to be a direct claim to or encumbrance upon some specific property of another as security for some debt or duty accompanied with possession Bailments, Volume 1 General rules in bailment
1826-11-21 to 1826-11-30 Gould, James Potter, Asa It is a general rule that the bailor having a general property may maintain trespass, trover or any proper action vs any person who takes away or injures the goods Bailments, Volume 1 Remedy vs. each other & vs. strangers
1826-12-01 to 1826-12-31 Gould, James Potter, Asa At common law, any person might establish an inn unless thy were so numerous that by establishing another, it would make a public nuisance of them. Inns & Innkeepers, Volume 1 Inns & Innkeepers
1826-12-06 Gould, James Potter, Asa The word sheriff signifies the governor or keeper of the shire or county, derived from the Saxon "shire" and "reeve." Sheriff & Gaoler, Volume 3 Nature of the office
1826-12-06 Gould, James Potter, Asa By the common law, it is the duty of the sheriff of each county to furnish a sufficient county jail & must do it at his peril. Sheriff & Gaoler, Volume 3 Of false returns & miscellaneous rules
1827-03-12 to 1827-04-07 Gould, James Potter, Asa To arrest judgment is to stop or stay it. Pleas & pleadings, Volume 3 Arrest of judgment & repleader
1827-03-12 to 1827-04-07 Gould, James Potter, Asa Demurrer is a denial of the legal sufficiency of the allegations demurred to. Pleas & pleadings, Volume 3 Demurrer
1827-03-12 to 1827-04-07 Gould, James Potter, Asa In some cases where the pleading terminates in an issue in fact, one party may take the examination of the cause from the jury to the court. Pleas & pleadings, Volume 3 Demurrer to evidence
1827-03-12 to 1827-04-07 Gould, James Potter, Asa Formerly they were used without any foundation in truth & mainly for delay. Pleas & pleadings, Volume 3 Dilatory pleas
1827-03-12 to 1827-04-07 Gould, James Potter, Asa Where the cause of action arises out of the joint act or default of two or more persons, they may be joined as defendants. Pleas & pleadings, Volume 3 Joinder of parties
1827-03-12 to 1827-04-07 Gould, James Potter, Asa Pleas in abatement regularly begin & conclude to the writ, or as the case may be, to the declaration. Pleas & pleadings, Volume 3 Mode of pleading in abatement
1827-03-12 to 1827-04-07 Gould, James Potter, Asa A plea to the action may be either a general issue which is a general plea in bar, or a special issue alleging new matter, which is called a special plea in bar. Pleas & pleadings, Volume 3 Pleas to the action
1827-03-12 to 1827-04-07 Gould, James Potter, Asa Pleading in civil actions are defined to be the mutual altercations between plaintiff & defendant in a suit, made out in legal form and delivered in writing. Pleas & pleadings, Volume 3 Pleadings
1827-04-10 Gould, James Potter, Asa A bill of exceptions is a statement of facts & of some interlocutory judgment, decision, or direction in point of law, founded upon them, annexed to the record for the purpose Bills of exception, Volume 3 Bills of exception
1827-04-11 Gould, James Potter, Asa A writ of error is a commission to the judges of a superior court to examine the record where a judgment was given in a court below to affirm or reverse if according to law. Volume 3 Writs of error, Writs of error
1827-04-16 Gould, James Potter, Asa According to recent determinations, new trials are granted on both sides in actions on penal statutes. Te action is a civil suit. New trials, Volume 3 Actions on penal statutes
1827-04-16 Gould, James Potter, Asa The credibility & weight of evidence are generally to be determined by a jury, its admissibility being matter of law, must be settled by the court. Evidence, Volume 3 Credibility & weight of evidence
1827-04-16 Gould, James Potter, Asa In England, when a material witness resides abroad, he may under an order of the court or in vacation of the judge, be examined "de bene esse" upon interrogatories before commissioners. Evidence, Volume 3 Depositions
1827-04-16 Gould, James Potter, Asa Objecting to the competency of a witness may be taken by examining him before he is sworn in, chief upon the "voir dire." Evidence, Volume 3 Examination of witnesses
1827-04-16 Gould, James Potter, Asa A deed or other instrument when proved is conclusive upon the parties to it. Hence, it can't be contradicted by parol evidence. Evidence, Volume 3 Explanation of written instruments
1827-04-16 Gould, James Potter, Asa All evidence is of two kinds--written or parol. Evidence, Volume 3 Kinds of evidence
1827-04-16 Gould, James Potter, Asa A new trial requires no definition. The mode of obtaining it in England is by motion made in bank (in the Courts of Westminster, for instance) New trials, Volume 3 New trials
1827-04-16 Gould, James Potter, Asa A person is said to be a competent witness when he may legally be admitted to testify at all & competency is a question of law to be decided by the court. Evidence, Volume 3 Parol evidence
1827-04-16 Gould, James Potter, Asa A presumption is an inference of some particular fact, from those that are provided or admitted. Evidence, Volume 3 Presumptive evidence
1827-04-16 Gould, James Potter, Asa These are somewhat of the nature of records, being documents or memorials preserved at a fixed place by public authority & for use of the public. Evidence, Volume 3 Public writings not records